Hale DeMar update
Apparently, Mr. DeMar lost his gun law challenge:
A Cook County judge Friday rejected the arguments of a Wilmette man who claimed his constitutional rights were violated after he shot a home intruder and then was cited for violating a village ordinance banning possession of a handgun.
Hale DeMar, who shot Morio Billings of Chicago after Billings broke into his home in December, challenged the village ordinance under which he was fined $750.
In a 16-page order, Circuit Judge Thaddeus Machnik dismissed his claim, disputing DeMar’s argument that his right to privacy under the 14th Amendment includes the right to possess a handgun in his home.
“We are pleased with the decision,” said Timothy Frenzer, Wilmette’s village attorney. “The law is very clear on this. Municipalities have the right to regulate handguns and even prohibit handguns.”
The law is very clear, it says: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
November 2nd, 2004 at 12:02 am
The law, as it is right now, is also very clear: The 2nd Amendment is only a check against FEDERAL infringement. See U.S. v Cruikshank and Presser v. Illinois, neither of which has been overturned by SCOTUS.
It sucks, but it’s fact.
November 2nd, 2004 at 10:14 am
Well, somebody has to make precedent. If the U.S. Circuit Court that serves Illinois issued a ruling that was in conflict with Silveira, maybe SCOTUS would take up the issue.
Not that I trust SCOTUS to do the right thing.
November 2nd, 2004 at 2:18 pm
I don’t know that I’d trust the U.S. Supreme Court to take the case, which they haven’t done for more than half a century. As to whether or not I can trust a future Supreme Court to do the right thing, ask me when the election is over.